Sexual Respect

NLU will provide training on sexual misconduct prevention, reporting and response for all Responsible Employees and students through various platforms. Training is required of all Responsible Employees and will be provided online to faculty and staff at time of hire and annually. Students will be offered online training at the time of New Student Orientation. Continuous training events and programming will be held virtually and on various campuses throughout the year for the NLU community including a robust Sexual Assault Prevention Month every April. Those University officials with increased duties of response, advocacy and confidentiality will be required to attend additional

SEXUAL MISCONDUCT & RELATIONSHIP VIOLENCE POLICY

National Louis University is committed to maintaining a learning environment for all students that supports educational advancement on the basis of academic performance. Sexual misconduct and relationship violence are not tolerated at National Louis University.

The University will respond to complaints, reports or information about incidents of sexual misconduct and relationship violence by stopping the prohibited conduct, eliminating hostile environments, taking steps to prevent the recurrence of prohibited conduct, and addressing its effects on campus or in any University programs and activities.

The purpose of this policy is to define prohibited conduct and describe the process for reporting violations of the policy, investigating alleged violations of policy, and identifying resources available to students who are involved in an incident of sexual misconduct or relationship violence.

Scope of Policy

This policy also confirms NLU’s obligation to provide involved parties with concise information, written in plain language, concerning rights and options upon receiving a report of an alleged violation of this policy. A copy of NLU’s University’s notification of rights and options can be obtained by contacting the Title IX Coordinator or on nl.edu/sexualrespectandTitleIX

This policy applies to all members of the University community - faculty, staff, and students – regardless of gender, sexual orientation, or gender identity. Members of the University community shall not engage in sexual misconduct or relationship violence. Persons who do so are subject to disciplinary action, up to and including discharge for employees and dismissal for students. The University also prohibits sexual misconduct by third parties.

This policy applies to all forms of sexual misconduct and relationship violence committed by or against a student when:

•The conduct occurs on campus;

•The conduct occurs off-campus in the context of University programs or activities, including but not limited to, graduate/professional programs, University- affiliated programs or events; and/or University housing.

Sex Discrimination

Title IX of the Educational Amendments of 1972 prohibits sex discrimination at institutions of higher education. The University prohibits gender discrimination in any of its programs or activities. Sexual harassment, sexual assault and other kinds of sexual violence, are forms of sex discrimination. This policy and its related procedures apply to complaints alleging all forms of sex discrimination (including sexual harassment, sexual assault, and sexual violence). For the purposes of this policy, references to sexual misconduct include sexual and gender-based harassment, assault, and violence, including relationship violence.

Faculty and Staff Reporting Obligations

If any member of the NLU faculty or staff learns of sexual misconduct prohibited by this policy, he or she is obligated to immediately report that information to the Title IX Coordinator. Employees who receive information about sexual misconduct in a confidential relationship as defined in this policy, including Confidential Advisors and employees authorized to receive confidential disclosures, are not subject to this reporting obligation.

The comprehensive policy can be found here in the Student Guidebook. 

The following definitions provide a quick snapshot of relevant terms. Please see the Sexual Misconduct and Relationship Violence policy here for complete definitions. “Relationship violence” and “sexual misconduct” are broad terms that encompass sexual harassment, sexual violence, domestic violence, dating violence, and stalking. Definitions for each of these terms are provided below.

• Bystander is a person present at an event or incident who is not directly involved.
  
  
• Consent is informed, freely given and requires clear communication between all parties involved in the sexual activity. Silence, in and of itself, cannot be interpreted as consent. 

• Incapacitation is a state where one cannot make a rational, reasonable decision because s/he lacks the ability to give consent or understand the "who, what, when, where, why or how" of the sexual interaction, including anyone whose incapacity results from mental disability, sleep deprivation, involuntary physical restraint or from a controlled substance.

• Sexual Harassment refers to conduct on the basis of sex that satisfies one or more of the following:
  • (1) An employee conditioning the provision of aid, benefit, or service in exchange for an individual’s participation in unwelcome sexual conduct
  • (2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an educational program or activity; or
  • (3) Sexual assault, dating violence, domestic violence or stalking as defined below

• Dating Violence means violence committed by a person:   
  • who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  • where the existence of such a relationship shall be determined based on the following factors:
    • The length of the relationship 
    • The type of relationship 
    • The frequency of interaction between persons involved in the relationship       

• Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction

• Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to –

                (A) fear for their safety or the safety of others; or

                (B) suffer substantial emotional distress

• Sexual Assault refers to an offense that is classified as either forcible or non-forcible sex offenses under the uniform reporting system of the FBI. Expanded definitions can be found below.

• Sex Offenses: Forcible
  Any sexual act directed against another person, forcibly or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
  
  • Forcible Rape is the carnal knowledge of a person, forcibly and/or against that person’s will; or where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
  • Forcible Sodomy is oral or anal sexual intercourse with another person, forcibly or against that person’s will or where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  • Sexual Assault with an Object is the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly or against that person’s will; or where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  • Forcible Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against the person’s will or where the victim is incapable of giving consent because of his/her youth or his/her temporary or permanent mental incapacity.
   
• Sex Offenses: Non-forcible
  Unlawful, non-forcible sexual intercourse
  
  • Incest is non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape is non-forcible sexual intercourse with a person who is under the statutory age of consent.   

We are here to support you. We will conduct a prompt, fair and impartial investigation of all sexual misconduct reports. Our support services include: 

• Providing you with information about campus and community services.
• Making counseling referrals including confidential support.
• Responding in a timely and effective manner to all reported incidents.
• Providing academic accommodations.
• Offering interim supportive measures to involved parties
  
• Encouraging you to receive appropriate help.
• Assisting you in filing a report.

The University can provide counseling referrals and resources to anyone affected by an incident of sexual misconduct or relationship violence. Students seeking counseling referrals for licensed mental health professional should contact the the Counseling Center at 312.261.3636 or email counseling@nl.edu. All degree seeking students have access to free, unlimited telehealth. Learn more.

In addition, NLU has identified Cindy Danzell as the designated confidential advisor. If you desire to speak with someone about an incident and want to ensure that it will remain confidential, Cindy can be reached via email at: cdanzell@nl.edu. 

Additional Resources

NLU has formed formal partnerships with local sexual assault and domestic violence agencies to offer a variety of support services, including completely confidential reporting if an NLU community member desires. 

NLU has partnered with Skylight Counseling to be able to offer a confidential advisor that parties may seek out in order to discuss incidents that they wish to remain confidential.  Rolanda Brown can be reached via email at rolanda@skylightcounselingcenter.com.  Rolanda is available to serve as a long-term resource to assist parties through administrative and criminal proceedings as well as to be a confidential resource.  This service is free and Rolanda has received over 40 hours of Sexual Violence Advocacy training. 

NLU will take the steps that it can to protect your privacy and empower you to pursue your chosen course of action. Whether or not you choose to file a complaint, NLU may be legally required to investigate an incident and to take steps to ensure your safety and the safety of the University community. Keep in mind that: 

• In cases involving a pattern, predatory behavior, threats, weapons, or violence, the University will likely be unable to honor a request for complete confidentiality.
• If you request confidentiality and the circumstances allow us to honor your request, we will do so.
• If you choose to make a formal report, a small group of University officials will be made aware of the situation, including but not limited to: Title IX Coordinator, Student Conduct Officer, CARE Team and security personnel. We keep this circle as small as possible in order to protect your rights and privacy.

Options Following an Incident of Sexual Misconduct

• We will work with community partners to support you following instances of sexual misconduct and relationship violence. For more information on ways to receive immediate assistance, contact the Office of Student Engagement at 888.658.8632 x3568
• We can provide counseling referrals to anyone affected by an incident of sexual misconduct or relationship violence. For counseling referrals to licensed mental health professionals, contact the Office of Student Engagement at 888.658.8632 x3568 or email counseling@nl.edu.
• We will take measures following a reported incident to protect your rights and personal safety, as well as the safety of the community.

If you or someone you know experiences sexual misconduct or violence, we encourage you to report the incident through one or more of the following options. You can: 

• File a University Incident Report at https://nl.edu/legal/let-us-know/.This report is easy to complete and it will automatically route to the Title IX Coordinator and appropriate University officials. 

• Make a direct report to NLU's Title IX Coordinator, by email at titleix@nl.edu or by phone at 312.261.3997.

• Disclose the incident to one of NLU's Responsible Employees. Most University officials are considered Responsible Employees and are required by law to report all details of an incident of sexual misconduct or relationship violence to the Title IX Coordinator.

• Disclose the incident to Confidential Advisor: Rolanda Brown at rolanda@skylightcounselingcenter.com.

• Speak to a local crisis center if you would like to keep the incident completely confidential. A list of confidential support centers is available on the Support and Resources tab.

• File criminal charges with local law enforcement. NLU's Title IX Coordinator or Confidential Advisor can assist you in making a report. 

• Obtain an Order of Protection or No Contact Order. NLU's Title IX Coordinator or Confidential Advisor can assist you in securing an order. 

Whether or not a victim chooses to make an official report to the University or law enforcement, we encourage you to seek help and are here to connect you with the appropriate services including medical attention, information on campus and community resources, support and counseling. 

We take all reports of sexual misconduct seriously, treating incidents with sensitivity while providing support to those involved. As a member of NLU's community, you are expected to report any instances of sexual misconduct that you have experienced or witnessed, knowing that we will provide a timely and fair resolution to the issue. Our procedures are designed to protect the rights, needs, and privacy of the community member making the report (Complainant), as well as the rights of anyone alleged to have committed sexual misconduct (Respondent).

Investigation Process:

Upon receipt of a formal complaint the following procedure will be followed:

1. The Title IX Coordinator will review the information presented in the complaint and make an evaluation regarding whether the reported conduct  meets the definition with the prohibited conduct of this policy
2. The Title IX Coordinator will notify all involved parties of the complaint and information related to the allegations in the complaint. The notice also will include a description of the grievance process, a statement that the respondent is presumed not responsible for the alleged conduct, that a determination regarding responsibility will be made at the conclusion of the grievance process.  The notice also will inform the parties that they may be assisted by an advisor of their choice during the grievance process and other provisions required by law.
3. The Title IX Coordinator will provide supportive measures to both parties as needed and requested by the parties.
4. The Title IX Coordinator will meet separately with the complainant, respondent and interview any additional witnesses to collect and compile all available evidence All parties will have an opportunity to submit physical evidence such as documents, emails, photographs, video and audio recordings, messages and any other available evidence.
5. When applicable, the Title IX Coordinator will cooperate with law enforcement.
6. Upon completion of an investigation, the Title IX Coordinator will issue an investigative report summarizing relevant evidence and, at least ten (10) days prior to a hearing, send the report to each party and the party’s advisor. 

Hearing Process

After receipt and review of the investigative report, a live hearing will take place as soon as is practicable to determine the findings and resolution of the complaint. The hearing board will be composed of three individuals: a faculty member, a staff member and individual who may be a member of the faculty or staff.  The hearing board may designate one of its members to serve a hearing administrator tasked with facilitating the conduct of the hearing.

1. NLU reserves the right to establish procedures for the conduct of hearings.  If such procedures are developed,  NLU will make them available to the parties in advance of the hearing.
2. NLU reserves the right to conduct hearings virtually with technology that enables participants simultaneously to see and hear each other. At the request of either party, NLU will provide the live hearing to occur with the parties located in separate rooms with technology enabling the hearing board and parties to simultaneously see and hear the parties and/or witnesses answering questions.
3. NLU will create an audio or audiovisual recording or transcript of the hearing and make it available to the parties for inspection and review.
4. Advisors are allowed to ask relevant cross-examination and other questions of a party or a witness, but before a party or witness answers the question, the hearing board must first determine whether the question is relevant and explain any decision to exclude a question as not relevant..
5. At the conclusion of the hearing, the Hearing Board will determine responsibility and any sanctions if respondent is found responsible.
6. The Hearing Board decision will be sent by the Hearing Officer to all involved parties and their advisors within 7 business days of the hearing. The determination will outline findings and facts used to determine the finding as well as any accompanying sanctions.

NLU will provide training on sexual misconduct prevention, reporting and response for all employees and students. Training will be offered at New Student Orientation, as well as throughout the year for the NLU community. Continuous education on sexual misconduct issues will be offered through various platforms, both virtually and on NLU campuses. 

Bystander Tips

A bystander is someone who is present at an event or incident but is not directly involved. It is possible to unintentionally support sexual violence by not intervening when you see something happening, dismissing certain behaviors, or not reporting concerning actions.

You can be a proactive (prevention) or reactive (intervention) bystander by:

• Working to create an environment where sexual violence is unacceptable.
• Treating others with respect.
• Speaking up when you hear others blaming victims.
• Encouraging friends to trust their instincts in order to stay safe.
• Being a resource for survivors.
• Looking out for friends at parties or bars.
• Educating yourself and friends.
• Creating a distraction so the victim can get away.
• Getting help.
• Asking someone in a potentially dangerous situation if he/she is okay and/or wants to leave.
• Intervening if you hear someone "targeting" another person.
• Separating someone too intoxicated to consent from a dangerous situation or potential perpetrator.
• Saying or doing something.

Following a formal complaint and the conclusion of an investigation, the hearing board members will operate as the formal process decision-makers and are responsible for facilitating Title IX hearings. The hearing board members act to ensure that each party’s Advisor has an opportunity to cross-examine and ask relevant questions and follow-up questions during a hearing. These board members hold sole authority to make determinations regarding whether a question is relevant and are responsible for leading the hearing board during a hearing and deliberation. They are also responsible for issuing a written determination to both parties that includes findings, responsibility, rationale for the decision and sanctions. The hearing board members may designate one member of the hearing board to serve as a hearing administrator tasked with facilitating the conduct of the hearing and managing hearing procedures.

All hearing board members are extensively trained in Title IX rules and regulations in preparation for serving on the board. Pursuant to: 

Section 106.45(b) of the 2020 Final Title IX Rules require the sharing of “All materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. A recipient must make these training materials publicly available on its website, or if the recipient does not maintain a website the recipient must make these materials available upon request for inspection by members of the public.” 

You can find the materials used to train our board members at National Louis here.